GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XVI  OF  1983.

  THE  MAHARASHTRA  SUPPLY  OF  FOREST-PRODUCE
BY  GOVERNMENT  (REVISION  OF  AGREEMENTS)
ACT, 1982.

(As modified up to the 30th April 2013)

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AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
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2013.

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GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XVI  OF  1983.

  THE  MAHARASHTRA  SUPPLY  OF  FOREST-PRODUCE
BY  GOVERNMENT  (REVISION  OF  AGREEMENTS)
ACT, 1982.

(As modified up to the 30th April 2013)

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013.

1983 : Mah. XVI ]

THE MAHARASHTRA SUPPLY OF FOREST-PRODUCE BY
GOVERNMENT (REVISION OF AGREEMENTS)
ACT,  1982.

PREAMBLE.
SECTIONS.

CONTENTS

1.

Short title, extent and commencement.

2. Definitions.

3. Power of Government to revise agreements for sale or supply of forest-

produce.

4. Price or rate of forest-produce sold or supplied to purchasers not to exceed

market value.

5. Power of Government to terminate agreements for breach of terms and

conditions.

6. Purchaser may terminate agreement after giving one month’s notice.

7. Power to make rules.

1983 : Mah. XVI ]

MAHARASHTRA  ACT  No.  XVI  OF  1983. 1

[THE  MAHARASHTRA  SUPPLY  OF  FOREST-PRODUCE  BY
GOVERNMENT  (REVISION  OF  AGREEMENTS)  ACT,  1982.]

(This Act  received  the assent of the President on the 21st March 1983; assent
was first published in the Maharashtra Government Gazette, Extra-ordinary,
Part-IV, on the 23rd March 1983.)

An Act to take powers to revise certain agreements to get fair price for forest-
produce supplied by Government to purchasers for long term periods and for
certain other matters.

WHEREAS, it is expedient to take power to the State Government to revise
certain agreements, from time to time, to get fair price for forest-produce sold
or supplied by the State Government to the purchasers for long term period and
to  prevent  loss  of  income  due  to  Government  and  to  enforce  the  revised
agreements and to provide for matters connected therewith; It is hereby enacted
in the Thirty-third Year of the Republic of India as follows :—

1. (1) This Act may be called the Maharashtra Supply of Forest-produce by

Government (Revision of Agreements) Act, 1982.

Short  title,
extent  and
commencement.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date
notification in the Official Gazette, appoint.

2  

as the State Government may, by

2.  In this Act, unless the context otherwise requires,—

Definitions.

(a)  ‘‘agreement”  shall  include  any  contract,  licence,  bond,  deed  or  other
document, whereby the State Government agrees to sell or supply any forest-
produce to any person or to permit any forest-produce to be collected and removed
by any person for consideration, for a long term period, on terms and conditions
specified in such document;

XVI  of
1927.

(b) “ forest-produce’’ shall have the meaning assigned to it in the Indian Forest

Act, 1927, in its application to the State of Maharashtra;

(c) “ long term period ’’ means any period exceeding twelve months;

(d) “ prescribed’’ means prescribed by rules made by the State Government

under this Act;

(e) ‘‘ purchaser ’’ means any person, including any company or association
or body of individuals, whether incorporated or not, who purchases or is supplied
or obtains any forest-produce from the State Government under any agreement.

1 For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1982,  Part-V,

dated 13th September 1982, at page 297.

2 15th  June 1983, vide G.N., R. and F. D., No., FND-1280/45-CR-60-80-F1, dated 7th June 1983.

Power
of
Govern-
ment  to
revise
agree-
ments
for  sale
or
supply
of
forest
produce.

Price  or
rate  of
forest-
produce
sold  or
supplied
to
purchasers
not
toexceed
market
value.

Power  of
Govern-
ment  to
terminate
agree-
ments  for
breach  of
terms
and
conditions.

2

Maharashtra Supply of Forest-produce by
Government (Revision of Agreement) Act, 1982.

1983 : Mah. XVI ]

3. Notwithstanding anything contained in any law for the tune being in force
and in any Agreement subsisting on the date of commencement of this Act or in
any  agreement, which may be entered into by the State Government with any
purchaser  on or after the date of commencement of this Act, it shall be lawful
for the State  Government, from time to time, by order published in the Official
Gazette, to add  to, substitute, delete or otherwise amend any of the terms and
conditions of any such  agreement, for one or more of the following purposes,
namely :—

(a)  to provide for a revision or a periodical revision of the price or rate for
sale or supply of forest-produce to the purchaser, where such agreement does
not provide for any such revision or periodical revision, as the case may be
and where such periodical revision is provided in the agreement, to provide
for reducing or enhancing the period of revision ;

Provided that, the price or rate once fixed shall not be liable to be revised
by the State Government for a period of at least twelve months from the date
on which such price or rate has come into force;

(b) to provide for the removal or any modification of any ceiling imposed in
any such agreement on the increase, at the time of revision, in the price or
rate at which the forest-produce is to be sold or supplied to the purchaser;

(c) to provide for the adjustment or change in the unit of weight or measure
in which the forest-produce is to be weighed, measured or counted, for the
purpose of its sale or supply to the purchaser or for the purposes of charging
or  recovery  of  the  price  or  rate  therefore,  without,  however,  materially  or
substantially  changing  ihe  quantity  of  forest-produce  agreed  to  be  sold  or
supplied to the purchaser.
4. (1) The price or rate for sale or supply of the forest-produce, to be fixed at
the time of any revision of the price or rate under Section 3, shall not exceed the
market  value  of  the  forest-produce  at  the  time  of  such  revision,  as  may  be
determined  by the State Government in the prescribed manner.

(2)  Where  the  price  or  rate  is  fixed,  at  the  time  of  revision,  for  a  period
exceeding twelve months at a time, the State Government may provide for an
annual increase in the price or rate towards the anticipated escalation in the
market value of the forest-produce during the period the revised price or rate is
to remain in force.

5. (1) Notwithstanding anything contained in any law for the time being in
force and in any agreement subsisting on the date of commencement of this Act
or in any agreement, which may be entered into by the State Government with
any purchaser on or after the commencement of this Act, the State Government
may terminate any such agreement at any time for breach, by the purchaser, of
any of the terms and conditions of the agreement, as amended from time to
time, after giving him a reasonable opportunity to show cause why the agreement
should not be terminated and after giving him a notice of one month for such
termination.

(2) The decision of the State Government in such cases shall be final.

1983 : Mah. XVl ]

Maharashtra Supply of Forest-produce by
Government (Revision of Agreements) Act, 1982.

  3

6.  If  any  amendment  made  in  the  terms  and  conditions  of  an  agreement
under  Section 3 or any revision made in the price or rate for sale or supply of
forest-puroduce under that section, is not acceptable to the purchaser, he may,
at his option, by giving to the State Government one month’s notice in writing,
within, a period of six months  from, the date on which the amendment in the
terms and conditions or the revision  in the price or rate, as the case may be, is
communicated to him, terminate the agreement and accordingly the agreement
shall stand terminated at the end of the notice period.

Purchaser may
terminate
agreement
after giving
one month’s
notice.

7.  (1)  The  State  Government  may,  subject  to  the  condition  of  previous
publication and by notification in the Official Gazette, make rules for carrying
out the purposes  of this Act.

Power  to
make rules.

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing
provision,  such  rules  may  be  made  for  all  or  any  of  the  following  matters,
namely :—

(a) for giving notice of the amendment proposed to be made in the agreement
or of any revision of price or rate proposed to be made under Section 3 and for
affording the purchaser an opportunity of showing cause against the proposal;

(b)  the  principles  on  which,  the  manner  in  which  and  the  authority  by

which, the market value shall be determined for the purposes of Section 4.

(3) Every rule made under this Act shall be laid as soon as may be after it is
made before each House of the State Legislature, while it is in session, for a
total period of thirty days, which may be comprised in. one session or in two,
successive sessions and if before the expiry of the session in which it is so laid of
the  session  immediately  following,  both  the  Houses  agree  in  making  any
modification in the rule or both Houses agree that the rule should not be made
and notify such decision in the Official Gazette, the rule shall from the date of
publication of such notification have effect only in such modified form or be of no
effect, as the case may be  so, however, that any such modification or annulment
shall be without prejudice to the validity of any thing previously done or omitted
to be done under that rule.

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